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PRL 101 slides, Sept. 10

1247d0fbb1983f2e8070809bb7acd6ef?s=47 Ted Major
September 10, 2015

PRL 101 slides, Sept. 10

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1247d0fbb1983f2e8070809bb7acd6ef?s=128

Ted Major

September 10, 2015
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  1. Constitutional Law

  2. Constitutional Law • “Supreme Law of the Land” –Limits state

    action • Federalism –Dual sovereignty •Federal: powers enumerated in Article I §8 •State: all other powers (Amendment 10)
  3. Supremacy clause Art. VI: “This Constitution, and the Laws of

    the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.”
  4. Commerce Clause Article I §8: “The Congress shall have the

    Power … To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”
  5. cc licensed ( BY NC ) flickr photo by Patrick:

    http://flic.kr/p/MDAUx
  6. None
  7. cc licensed ( BY NC ND ) flickr photo by

    Fiona Shields: http://flic.kr/p/5dUC8m
  8. cc licensed ( BY ND ) flickr photo by Barbara:

    http://flic.kr/p/5qacVD
  9. None
  10. Wickard v Filburn (1942) “But even if [Filburn]'s activity be

    local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce”
  11. None
  12. Police powers States have the power to regulate public health,

    safety, morals, and general welfare.
  13. creative commons licensed (BY-NC) flickr photo by Random Factor: https://flic.kr/p/39LKt

  14. creative commons licensed (BY- NC) flickr photo by Stian Olsen:

    https://flic.kr/p/37xF2L
  15. creative commons licensed (BY-SA) flickr photo by Josh Thompson: https://flic.kr/p/M7KH6

  16. creative commons licensed (BY-SA) flickr photo by Jake Wasdin: https://flic.kr/p/4DtsmX

  17. Spending Clause

  18. 1st Amendment  Religion  establishment  free exercise 

    Speech  Press  Assembly  Redress of Grievances
  19. Speech regulation • Greatest protection: political speech • Content neutral

    • Reed v Town of Gilbert (2015) • No prior restraint • No vagueness/overbreadth
  20. Semi-protected  Offensive  Commercial  Reasonable restrictions on time,

    place, and manner
  21. Unprotected speech  Dangerous  “Fighting words”  Defamation 

    Obscenity  Work as a whole appeals to prurient interest and describes sexual conduct in an offensive way; lacks serious literary, artistic, political, or scientific value
  22. 4th Amendment  No “unreasonable” search & seizure  Warrants

     More when we get to criminal law
  23. 5th Amendment  Self-incrimination  Individuals  Not businesses 

    Must be "unambiguously invoked" Berghuis v. Thompkins, 560 U.S. 370 (2010)  Silence is not enough.  More when we get to criminal law
  24. Due process  5th & 14th Amendments  Procedural: fundamental

    fairness  Notice  Opportunity to be heard  Impartial decision maker  Substantive  Fundamental rights v. state interest
  25. Equal protection  Suspect class/fundamental rights: strict scrutiny  Narrowly

    tailored to meet a compelling government interest (least restrictive means)  Gender/illegitimacy: intermediate scrutiny  Substantially related to important government interest  Everything else: rational basis  Rationally related to legitimate government interest
  26. Tuscaloosa Billboard ordinance Billboards . . . shall not be

    mounted, affixed or attached to a vehicle . . . and operated, maneuvered or towed in or upon any street . . . or right-of- way within the corporate limits of the city. Billboard: An outdoor advertising device which contains at any time a commercial message
  27. CC licensed (by-nc-nd) Flickr photo by http://www.flickr.com/photos/femaletrumpet02/4506756050/

  28. Equal protection analysis • Standard? –Suspect class or fundamental right?

    –Strict scrutiny • Result? –Unconstitutional
  29. Tuscaloosa Couch Ordinance It shall be unlawful for any person

    residing in or having charge or control of any dwelling within the City of Tuscaloosa to leave or permit to remain outside of any such dwelling any household appliances or household furniture in such a manner that the same are exposed to the elements.
  30. cc licensed ( BY NC ND ) flickr photo by

    tantrum_dan: http://flickr.com/photos/tantrum_dan/2590618211/
  31. Equal protection analysis • Standard? –Suspect class or fundamental right?

    –Gender/illegitimacy? –Rational basis • Result? –Upheld